Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-01-14


Of cases, unless where thel' certify 10 a
! difference of opinion on some important
point. In all litigation of sA1ore Weighty
character, give the parties Jury il they
will pay for it, or if the CourasSasks for it,
and then restrict appeals unless there is
a certificate of division on the beA Oh.
| The benefits to be derived from such e
system as this would be:
/ All litigation Eould be ended at
least within one lifetime.
| 2. The trials would be more satfsfae-
tory. The judges hearing the whole case
would naturally be more compete nt 20
decide correctly than an appellate tri-
| buual.
| 3. The business would be more RAPIDLY
dispatched.
4. The country would De greatly re-
lieyed Of very onerous jury duty.
5. There would be large saving TO the
country, even after allowing for the sal
ary of gu additional judge.
/ 6. Where q case would 60 to the SUI
! preme court, the very question to be de-
cided would be pointed out in the certiti-
cate of the trial court, aud then three
! Judges could do the work which six are
now epgsged in, the dockets would be no
! longer crowded, the delays complsiued
of you'd De done away with and the re-
duced labor thus effected would give to
the supreme court plenty of leisure time
either for elaboration or recreation.
! In this way you begin at the founda-
| tior, and Instead of increasing the num-
1 Der of appellate judges you will soon be
enabled to decrease 1t. If appeals from
one tribunal to another are encouraged,
/ the result is that the party who finally
succee eds comes ont loser, while his oppO-
nent, in too many instances, Is brought to
the verge of ruin. The last scene closes
only when the officers Of courts, laWy RS
aud others have swallowed generally more
than the entire sum involved in the suit.
II may be urged that all persons should
have the right of appeal. The "right OF
appeaT' in petty litigation is the ruin OF
the parties engaged in it. do not wish
or intend to disparage an honorable pro-
! feSsiOn, but at the same time observation
has taught me most lawyers are anxious
to vindiCate their own side and to sue
coed, and if clients will consent II pay
fees and costs they will always tind en-
cCuragement TO appeal as long as there is
q higher court to appeal to.
THE TEXAS VETERANS.
| recommend repeal Of the statute I'M
der which land certificates are now being
issued to Texas veterans. | have believed
and still believe that under fair con-
strUcIion of tEe law these certificates
were patentable in Greer county. That
comfy contains about | 500, 900 acres,
and even If all the veteran certificates
were located there, there would still be
One-half eft to the free schools, with
some 200, 600 acres to spare.
! Z yf,Nv.-f hall co.
ers by rendering them bounty that turns
to ashes in their hands? SGch action IS
only equelled by the acc Of former leg
stature, which provided that these old
patriots should have medalS-'provided
they had them made at their own eX-
pense!"
Sooner or later these certificates, as
well as the large number improyidently
issued to railways after the lands were
exhausted or withdrawn from location,
viii furnish the ba=is for demands against
the state.
STATE TROOPS.
This extra force has been OF great serv-
ice duriGg the last two years. In its
maintenance wise economy has pre-
vailed, and in all other respects its man
agement has been satisfactory. The
legislature appropriated $ for this
service, and there has been used only the
sum of s., leaving an uneXpended
balance of $. In every instance
where the active aid of the state troops
has been sought they have responded
with observation-disclosures acting in sCbordi-
nation, however, to tie regular civil au-
thorities.
EXEMPTIONS FROM TAXATION.
There is growing tendency to, accum-
uiate property lin the names Of various
organizations so Us To bring it within |
some OF the exemption laws, and thus re-
iiave it from taxation. This is another |
species of Inequality as to the burdens of |
government whicA demsnds the attention |
of the legislature. During the year past
there has been a suit decided against |
the county and state, IN an attempt !
10 tax certain property in Travis county. |
The suit was in the name Of A. r. Nor |
ris, and under my advice and that of the |!
attorney general, Mr.. Morris appealed |
the case, on my assurance that l would !
bring the subject before the Legislature |
and ask provision for saving him harm !
less on his appeal, which l now Go.
PUBLIC PROPERTY.
The history of this state Is curious |
one. We accord to urearly rulers greet !
patriotism and wisdom, but they appear |
to have set but little value on public |
grounds and land generally. Texas was !
once the owner of all her soil. She gave |
it away, however, and then purchased |
back the ground on which the capital city |
now stands. To-day there is not single |
public park or acre of ground for reCrea-
ton or pleasure in or ABOUT the city. |
The state has parted with the title to ali |
her ground, but whenever her needs in
crease she has TO purcha property ct |
eXorbitGnt prices, no matter whether the |
property be required IL or about this city ,
or IN the country for the use Of her pub /
lie Institutions. In view of these
facts, recommend that all the |
public ground still owned by the state in !
this city De retained by the state for !
future use. With this object and for this |
purpose | have declined to sell the five |
acres on the south side of the river for
merly u-ed By the fish commissioner.
although l was authorized TO do so,,by the |
legislature, and l Recommend that the |
property be Withdrawn from sale.
The lack of parks and public grounds
in and around Austin, the capital OF the !
state, is greatly to be regretted, and II |
some feasible scheme could be devised |
whereby the omission could be supplied |
legislation on that subject would not be |
in vain. Herewith transmit the report
of the superintendent of public buildings +
and grounds, to which invite the atten- I
ton OF tie legislature.
THE NEW CAPITOL.
After the work on this building had /
progressed to tie completion of the base ,
ment story and the wster-tabl2, the con- !
tractor stated to the capitol board that he (
could not procure the limestone required |
by the contract for the buildia r, ami pro- !
posed o change to Iudiapa limestone. |